educational

Copyright Basics: 1

Throughout the summer, the adult entertainment business and its attorneys have been understandably focused on a number of criminal laws directly targeting the industry.

For some, all the scary legal news has been a bit overwhelming. Consequently, for the first time in several months, this column is not going to focus on a criminal law matter. Instead, I will focus on an area of the law that protects the great creativity that permeates every aspect of the adult entertainment business: copyrights.

Perhaps my decision not to write about yet another law designed by the cultural extremists to scare you out of the business was motivated by a desire to discuss a good law for a change - one designed to reward your creativity and to make you money, not take it away. Perhaps my decision also was influenced by the fact that I just got back from a week at Burning Man, and it is difficult not to think about the blessings of human freedom and uncensored creativity.

Regardless of the exact reason, experience has taught me that every now and then it is important for everyone in this business to remember that the ever-growing adult entertainment industry provides a legal and much desired product to more than a 100 million satisfied adult consumers around the world. It also is important to remember that the industry's works are protected, not only as free speech in the United States, Europe and elsewhere, but also as valuable property under the copyright laws of nearly every civilized country in the world.

As such, there are a few things about copyrights that every adult entertainment entrepreneur should know, to build wealth and to avoid copyright litigation.

Copyrights, Property
Ownership of copyrights, like ownership of rights in real estate, constitutes ownership of property rights. Only in the case of copyrights, the property is intangible, and the rights are called intellectual property rights. But you should not think less of these intangible rights, for they are property rights conferring on the owner virtually all the property rights of an owner of real property (e.g. land, homes, commercial real estate, etc.) or personal property (e.g. cars, boats, computers, etc.). For example, the exclusive owner of the copyright in a work can sell the work, rent or license the use of the work or even use the work as security for a loan. Similarly, wrongful use of a work subject to the copyright laws is not unlike the theft of another person's car, or the trespassing on the land of another. Only in the case of copyrights, wrongful use is called infringement.

Section 102 of the Copyright Act provides that copyrights exist "in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device." This definition covers virtually the entire spectrum of human artistic expression. This means that effectively, every nude photograph, every explicit video, every adult website, and every video clip, music clip, gallery, banner ad, story and individual web page in each adult website is the lawful subject matter of copyrights. It does not matter that the material might contain sexual or other adults-only content.

Thankfully, the copyright law does not discriminate or make any such value judgments.

Consequently, virtually everyone in the adult entertainment business is creating and/or distributing content that is subject to copyright laws. This means that nearly everyone in the business has a stake in protecting and enforcing their own copyrights and in avoiding costly litigation to answer for the infringement of the copyrights of others. In fact, if the past is an indication of the future, a typical adult entertainment company is much more likely to either be sued for copyright infringement or to have its copyrights infringed than it is to be prosecuted for violation of the obscenity or 2257 laws.

Therefore, there are a few copyright basics that every adult entertainment businessperson should know.

The Rights
Copyright law in the United States provides six separate rights to copyright owners:

1. The exclusive right to reproduce the copyrighted work;

2. The exclusive right to prepare derivative works based upon the copyrighted work;

3. The exclusive right to distribute copies of the copyrighted work to the public;

4. The exclusive right to publicly perform certain types of copyrighted works (such as audiovisual works, including video clips);

5. The exclusive right to publicly perform sound recordings by digital audio transmission; and,

6. The exclusive right to publicly display the copyrighted work.

In part two, we'll examine copyright enforcement, statutory damages and more.

Gregory A. Piccionelli, Esq. is a senior member of Piccionelli & Sarno, one of the world's most experienced adult entertainment law firms, additionally specializing in intellectual property, Internet and traditional media matters. He can be reached at (310) 553-3375.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

Why the Right Merchant Category Code Matters for NSFW AI Businesses

You explained exactly what your NSFW AI business does to your payment processor and they seemed to get it. The underwriting process felt thorough and exhausting, but it was well worth it because you began processing.

Jonathan Corona ·
trends

How Local Payments Can Expand Access and Reduce Friction at Checkout

Global adult platforms often enter new markets with a familiar assumption: If their checkout accepts major cards, they're ready for local customers. In reality, payment habits vary widely by country. Dutch consumers use iDEAL for online shopping, BLIK is a leading e-commerce payment method in Poland, and India's UPI handles billions of transactions each month.

Mitch Platt ·
opinion

How Detailed Receipts Build Consumer Trust and Reduce Chargeback

When was the last time you bought something online? Chances are you looked for the confirmation almost immediately. Did the transaction go through? Does it show what you bought? Were you charged correctly? And if there's a problem, who can you contact?

Cathy Beardsley ·
opinion

What Adult Platforms Should Know About the EU AI Act

The European Union's Artificial Intelligence Act is now largely in force, creating new obligations for adult platforms using AI for content creation, performer verification, age estimation, moderation and other functions.

Corey Silverstein ·
opinion

How Native Spanish Speakers Help Pleasure Brands Expand Across Latin America

Latin America's Spanish-speaking markets represent an exciting growth opportunity for the pleasure products industry. Across the region, conversations about sexual wellness are becoming more open, specialty retailers are expanding their assortments and shoppers are seeking products that reflect their lifestyles and values.

Rin Musick ·
opinion

Why Retail Expertise Is Essential When AI Tools Analyze Store Data

Somewhere in one of our stores, someone scanned a barcode into a quantity field. The number entered was 8,388,607. At $19.99 per unit, that made a single line item worth roughly $167 million. The number was so large that the import failed immediately.

Zondre Watson ·
profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
Show More